Don't think so. It is consider practice of law. If you are not a licensed attorney, you will have committed unlicensed practice of law by probating a will as muniment of title. You will need to hire an attorney to represent you.
My grandmother passed away in 1998 and left 7 children, with no will. My aunt lead others to believe their rights were relinquished of the home and it is now her home. I found an affidavit of heirship she filled 8yrs after my grandmothers death and she falsely notarized, or so she says, some... Read more »
You can only inherit his interests if either he left the assets to you in his will, or that you were his spouse. If you were not legally married, you can see if you can prove that you were his common law spouse. Without a will and not being a spouse, you have no right to any of his assets. Consult...Read more »
Typically proceeds from life insurance policy goes to a pre-designated beneficiary. So it could have been anyone: you, his kids, neighbor, parent, friend etc. But if he did not name any beneficiaries, then it goes to his estate. If there is a will, then it will go to whoever he designated in the...Read more »
I supposed when you said "Fix the issue" you mean to have the house passed down to your mother. You should contact a probate attorney to discuss how to settle his estate. There are different ways of handling it depending on the situation. Obviously internet is not the forum to discuss...Read more »
She (or you) will need to initiate some sort of probate proceedings to settle his estate before any assets can be sold. The exact nature of the proceeding will depend on the type of assets (e.g. separate, marital, real or person, if there is any right of survivorship etc), family situation and...Read more »
In our Divorce degree I was left the house & land after he no longer needed or wanted it. My ex husbands children from previous relationships are fighting this. I have an attorney here in Dallas & was wondering if he could represent me & my interests if Probate is in AR. I don't... Read more »
You said you are "designated guardian in advance of need". You did not say that you have been appointed by the court as her guardian. There is a big difference. A designation of guardian is just something to indicate whom your mother's preference wants to be her guardian should the...Read more »
The house is your personal property. Your spouse will not have any ownership in it regardless of how long you have been married. However, if you use any of the community fund to pay for, e.g. mortgage, taxes or repairs etc, your spouse may have a claim for her share of the community fund that was...Read more »
There is a house with land. Once in a blue moon someone goes out there, but it isn't being cared for (electrical problems, plumbing doesn't work, bugs, etc...). There was apparently a will, but it was never probated, even though they knew that they were supposed to do it. I love this... Read more »
If there is a will, then the will should be probated so title can pass to the beneficiary according to the will. You can't just say you want it and then it becomes yours. You need to contact a probate attorney (not real estate attorney) to start the process. The longer you wait, the bigger a...Read more »
My dad and his siblings own 31+ acres of land and a home in East Austin. A developer wants to purchase the home for 400k, but my dad doesn't want to sell. How can he keep the house. And if he buys the house, what would he have to pay?
He can offer to buy out the other 3 siblings shares. Otherwise the siblings can go to court and ask for a force sale. As for what price to pay, that will be something that he should negotiate with the sellers. It is not something set by the laws.
He sold it through a notarized bill of sale. Now this person has died. Who owns this house 1) the buyers estate or 2) my husband? Also I have not signed any of the documents does this make a difference?
I can't say for sure who the true owner of the property is without looking at all the documents. You should contact an attorney to discuss the case. As for whether your signature is needed to sell the property, a short answer is no because inherited assets are personal properties (instead of...Read more »
It depends on whether the deceased was married, has children, if parents still alive, and whether the assets are separate property or community property. If you describe the family situation better I can provide more information.
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